Castronovo & McKinney, LLC represents employees in Ventnor City, NJ facing violations of their rights under the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). Employers cannot legally deny qualified leave requests, punish employees for taking protected leave, or interfere with job-protected medical or family leave. If your employer refused leave, threatened your job, reduced your hours, or retaliated against you for exercising your rights, our attorneys can help.
Understanding FMLA and NJFLA Protections
The FMLA and NJFLA give eligible employees the right to take unpaid leave while maintaining job protection and continued health insurance benefits. These laws apply in situations involving serious medical conditions, pregnancy, childbirth, adoption, family caregiving responsibilities, and certain military-related circumstances.
The FMLA provides eligible employees with up to 12 weeks of unpaid leave during a 12-month period. To qualify, an employee generally must:
- Have worked for the employer for at least 12 months
- Have completed at least 1,250 hours during the previous 12 months
- Work at a location where the employer has at least 50 employees within 75 miles
The NJFLA provides eligible employees with up to 12 weeks of unpaid leave during a 24-month period. Eligibility typically requires:
- At least 12 months of employment
- At least 1,000 hours worked during the previous 12 months
- Employment with a covered employer under New Jersey law
Unlike the FMLA, the NJFLA covers leave to care for certain family members but does not cover an employee’s own medical condition.
Situations Covered Under FMLA and NJFLA
Employees in Ventnor City may qualify for protected leave for reasons including:
- Pregnancy, childbirth, or recovery from childbirth
- Bonding with a newborn, adopted child, or foster child
- Caring for a spouse, child, parent, or qualifying family member with a serious health condition
- Certain military family emergencies
- Treatment for a serious personal medical condition under the FMLA
A serious health condition may involve hospitalization, ongoing medical treatment, chronic illness, pregnancy-related complications, surgery recovery, or a condition that prevents an employee from working for several consecutive days.
Employers may request reasonable medical certification to support a leave request, but they cannot demand complete medical records or use leave requests as a basis for discrimination or retaliation.
Employer Violations of FMLA and NJFLA Rights
Employers violate federal or New Jersey leave laws when they:
- Deny valid leave requests
- Discourage employees from taking leave
- Fail to restore employees to the same or equivalent position
- Terminate employees after leave requests
- Reduce pay, hours, or benefits because of leave usage
- Retaliate against workers for asserting protected rights
Employees subjected to these actions may have claims for lost wages, reinstatement, restoration of benefits, emotional distress damages, and other legal remedies.
Legal Representation for Employees in Ventnor City, NJ
Castronovo & McKinney, LLC represents employees in Ventnor City in disputes involving denied leave, retaliation, wrongful termination, and interference with protected medical or family leave rights. Our attorneys work to hold employers accountable and pursue compensation and corrective action when violations occur.
If your employer violated your rights under the FMLA or NJFLA, contact Castronovo & McKinney, LLC to discuss your legal options with an experienced employment attorney.